Disposed

M/S. Vastu Housing Finance Corporation Ltd., v. the Circle Inspector of Police

Karnataka HC29 Nov 2024WP/17308/2024

Case brief

AI extract

What is this about?

A housing finance company sought police assistance to take possession of a secured asset under the Chief Judicial Magistrate's order; police had refused for the first floor citing seizure in another crime. Finding no subsisting seizure, the court directed police protection to complete possession within one week.

What the court decided

AI extract

M/S. Vastu Housing Finance Corporation Ltd., Vs the… — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:49210 WP No. 17308 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 17308 OF 2024 (GM-POLICE)

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BETWEEN:

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M/S. VASTU HOUSING FINANCE CORPORATION LTD., HEAD OFFICE, UNIT 203 AND 204, 2ND FLOOR, 'A' WING, NAVBHARAT ESTATE, ZAKARIA BUNDER ROAD, SEWRI (WEST), MUMBAI-400 015.

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AND BRANCH OFFICE AT NO. 39/2, SANTOSHIMA ENCLAVE B BLOCK, 4TH FLOOR, T DASARAHALLI, 8TH MILE, TUMKUR ROAD, BENGALURU -560 057. REP BY ITS AUTHORISED SIGNATORY/MANAGER MR. YALLESH C, AGED ABOUT 46 YEARS.

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…PETITIONER

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(BY SRI. J R JAGADISH, ADVOCATE FOR SMT. HEMALATHA M K, ADVOCATE)

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AND:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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THE CIRCLE INSPECTOR OF POLICE MADANAYAKANAHALLI POLICE STATION, MADANAYAKANAHALLI, BENGALURU-562 162.

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MR. NANJUNDA SWAMY THE SMAAR SCHOOL, AGE MAJOR MEMBER OF SCHOOL, MACHOHALLI POST, NO. 8 H VARMA LAYOUT, MACHOHALLI BENGALURU NORTH - 560 091. OFFICE ADD: KAVERIPURA, KAMAKSHIPALYA, RAJAJINAGAR BBMP, NO. 36, 3RD MAIN, RAMAMANDIRA ROAD, BENGALURU NORTH - 560 079. PROPERTY ADD: SIT NO. 8/H MACHOHALLI GRAMA KHATHA,

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NC: 2024:KHC:49210 WP No. 17308 of 2024

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NO. 77/3, DASANAPURA HOBLI, NELAMANGALA, BENGALURU NORTH - 562 130.

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MR. KARTHIK B N S/O NANJUNDA SWAMY THE SMAAR SCHOOL, MEMBER OF SCHOOL MACHOHALLI POST, NO. 8 H VARMA LAYOUT, MACHOHALLI, BENGALURU NORTH - 560 091. PROPERTY ADD SITE NO. 8 H, MACHOHALLI GRAMA KATHA NO. 77/3, DASANAPURA HOBLI, NELAMANGALA, BENGALURU NORTH - 562 130.

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MR. KOUSHIK B N S/O NANJUNDA SWAMY THE SMAAR SCHOOL, MEMBER OF SCHOOL MACHOHALLI POST, NO. 8 H VARMA LAYOUT, MACHOHALLI, BENGALURU NORTH - 560 091.

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PROPERTY ADD SITE NO. 8 H, MACHOHALLI GRAMA KATHA NO. 77/3, DASANAPURA HOBLI, NELAMANGALA, BENGALURU NORTH - 562 130.

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MRS. SAVITHRAMMA N W/O NANJUNDASWAMY, AGE MAJOR THE SMAAR SCHOOL, MEMBER OF SCHOOL MACHOHALLI POST, NO. 8 H VARMA LAYOUT, MACHOHALLI BENGALURU NORTH - 560 091.

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PROPERTY ADD SITE NO. 8 H, MACHOHALLI GRAMA KATHA NO. 77/3, DASANAPURA HOBLI, NELAMANGALA, BENGALURU NORTH - 562 130.

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SANDHYA W/O JAYACHANDRA, (AGE MAJOR) AGED ABOUT 28 YEARS PROPERTY ADD SITE NO. 8 H, FIRST FLOOR, MACHOHALLI GRAMA, KATHA NO. 77/3, DASANAPURA HOBLI, NELAMANGALA, BENGALURU NORTH, BENGALURU - 562 130.

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NC: 2024:KHC:49210 WP No. 17308 of 2024

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THE POLICE INSPECTOR, MADANAYAKANAHALLI POLICE STATION, MADANAYAKANAHALLI BENGALURU -562 162.

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…RESPONDENTS

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(BY SRI. K P YOGANNA, AGA FOR R1 & R7; V/O/D. 13.09.2024, NOTICE TO R2 TO R6 IS D/W)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DTD 01.11.2023 VIDE NO. E5/PS/MRR NO.175/2023 ISSUED BY POLICE INSPECTOR, MADANAYANKANHALLI POLICE STATION WHICH IS PRODUCED AS ANNEXURE-A AND CONSEQUENTLY DIRECT THE R-1 AND 6 TO ASSIST THE PETITIONER TO TAKE PHYSICAL POSSESSION THE PETITION SCHEDULE PROPERTY AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The learned Chief Judicial Magistrate, Bengaluru, vide order dated 25.03.2023, permitted the petitioner bank to take physical possession of the secured asset by breaking open the lock. The order further stipulated that if any articles belonging to the debtors are found inside the secured property, they shall be returned to the debtors by drawing a panchanama.

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Pursuant to the order of the learned Chief Judicial Magistrate, the petitioner submitted a report to the jurisdictional police, requesting protection to break open the lock of the secured asset and take physical possession.

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NC: 2024:KHC:49210 WP No. 17308 of 2024

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However, respondents No.1 and 7 assisted the petitioner only in taking possession of the first floor, stating that the first floor of the secured asset was seized in Crl. No.567/2021.

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The learned Additional Government Advocate (AGA) for respondents No.1 and 7 submitted an intimation issued by the learned Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru, to the investigating officer in Crime No.567/2021. This intimation permitted the police to break open the lock of the house of accused No.1 in the presence of panchas. Therefore, there is no existing order seizing the first floor of the secured asset in Crime No.567/2021.

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Accordingly, it is appropriate to dispose of this petition by directing respondents No.1 and 7 to provide protection to the petitioner to take possession of the first floor of the secured asset, in accordance with the order of the learned Chief Judicial Magistrate. This exercise shall be completed within one week from the date of receipt of the certified copy of this order.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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BKM

M/S. Vastu Housing Finance Corporation Ltd., v. the Circle Inspector of Police

Case brief

What is this about?

What the court decided

M/S. Vastu Housing Finance Corporation Ltd., v. the Circle Inspector of Police

Case brief

What is this about?

What the court decided

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